In the state of Victoria, fraud includes various offences and can carry serious penalties including up to ten years imprisonment. Thus, it can be a very harrowing experience to be charged with fraud and it may not always be immediately clear what the next steps you should take are. In this post, we go over some of the common types of fraud in the state of Victoria and how you can defend yourself against these charges.
Understanding Fraud: Common Charges
Fraud comprises a wide range of offences in Victoria, with some of the more common charges that you might encounter being:
- Obtaining Property by Deception: If you act deceptively or dishonestly and obtain property that belongs to someone else as a result, you may be charged under Section 81 of the Crimes Act.
- Obtaining Financial Advantage by Deception: If you gain a financial advantage, such as in the form of money, through deceptive or dishonest means, you may be charged under Section 82 of the Crimes Act.
- Falsification of Documents: If you forge or otherwise falsify documents in an attempt to mislead someone, you could also be charged with fraud under Section 83 of the Crimes Act.
Fraud Defences in Victoria
If you’ve been charged with fraud, there are still many ways that you might be able to defend yourself against such charges. Some commonly used fraud defences include:
Lack of Intent
One possible defence to a fraud charge would be to argue that you did not have the intent to defraud or mislead the person who was affected by your actions. This may involve proving that there was a misunderstanding or accident that resulted in the other party being deceived.
Mistaken Identity or False Accusation
If you have been charged with an offence that you are certain you did not commit, it is also possible that you might be involved in a case of mistaken identity or a false accusation. This might occur if you were wrongly identified by the police as the person who had committed the fraudulent act, or if someone has falsely claimed that they have been defrauded by you. To establish this defence, you will need to provide evidence of your innocence, such as through providing an alibi.
What to Do if You’ve Been Charged with Fraud in Victoria
If you’ve been charged with fraud in Victoria, the first thing you should do is to engage a fraud lawyer. Because of the severity and complexity of fraud charges, an experienced fraud lawyer can guide you through the legal system, regardless of whether you are guilty or not.
Leanne Warren & Associates is a premier firm of leading criminal barristers in Melbourne and our experienced lawyers have decades of experience working on fraud and other types of criminal cases, including driving offences, assault and even murder. Contact us today to book a free, no-obligation consultation and find out more about how we might be able to help you with any criminal charges you might be facing.
